New York Court of Appeals

Edward C. King, Appellant v. Lawrence A. Fox, Respondent

June 13, 20067 N.Y.3d 181

Summary

The New York Court of Appeals answered three certified questions from the Second Circuit, holding that a client may ratify an attorney's fee agreement during continuous representation, that ratification is possible even if the attorney has engaged in misconduct provided the client’s acquiescence was not procured by that misconduct, and that an unconscionable fee agreement can be ratified when the client is fully informed and voluntarily affirms it. The court qualified each answer, emphasizing the need for full knowledge and lack of fraud.